5/29/17


SECTION § 504

Section § 504 of the Rehabilitation Act of 1973 provides opportunity for students with a handicapping condition to receive accommodations in the general education setting.  Section §  504 regulations create definitions and criteria for service that is based on functions and not form.  For example, the definition of a person with disabilities is any person who (i)  has physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such impairment, or (iii) is regarded as having such an impairment. [34CFR104.3(j)]

Eligibility for Section §  504 accommodations is determined through a referral and evaluation process.

(i) has a physical or mental impairment which substantially limits one or more major life activities such as learning in school; caring for one's self; performing manual tasks; walking; seeing; hearing; speaking; sleeping; standing; lifting; bending; reading; learning; eating; concentrating; thinking; communicating; operating major bodily functions; breathing; and working.  Impairments may include, but are not limited to:
  • Attention Deficit/Hyperactivity Disorder
  • Communicable Diseases such as:

HIV
Tuberculosis
AIDS

  • Temporary Medical Conditions due to Illness or Accident
  • Drug/Alcohol Dependency
  • Behavioral Difficulties
  • Ongoing Medical Conditions

(ii) has a record or history of such an impairment (such as student previously certified as learning disabled who is no longer eligible for special education; a student who had cancer; a student recovering from a physical illness).

(iii) is regarded as having such impairment.  A person can be eligible under this section if she/he:
  • has a physical or mental impairment that does not substantially limit a major life activity but is treated by the school district as having such a limitation (such as a student who walks with a limp);
  • has a physical or mental impairment that substantially limits a major life activity only as a result of the attitudes of others towards such impairment (such as a student who is obese); or
  • has no physical or mental impairment but is treated by the school district as having such an impairment (such as a student who tests positive with the HIV virus but has no physical effects from it).

A person cannot be considered handicapped under Section § 504 solely due to cultural, environmental, or economic factors.